The exemptions are required for the foundation to accept
donations for flight experiences in these historic aircraft. The
foundation says its "unique living history" programs for these
aircraft will be dead in their tracks without these critical
exemptions.

"Collings has included four aircraft in its request that do not
meet the requirements for an exemption," the FAA said in denying
Collings' request. "The FAA's "Exemptions for Passenger Carrying
Operations Conducted for Compensation and Hire in Other Than
Standard Category Aircraft" (72 FR 57196; 10/09/07) policy states
that aircraft must meet the test of being historically significant
in the context of U.S. aeronautical history. The Fieseler Co.
Fi-156 Storch is a World War II German reconnaissance aircraft that
does not meet the policy requirement of being a historically
significant aircraft. Therefore, the petitioner's request to
include the Fieseler Co. Fi-156 Storch in this exemption is
denied.

The Classic Fighter Me-262 is a replica of a World War II German
aircraft that does not meet the policy requirement of being a
historically significant aircraft. Therefore, the petitioner's
request to include the Classic Fighter Me-262 in this exemption is
denied."

Collings Foundation Me-262
Replica

Collings Foundation disagrees with the FAA conclusion that "in
the context of U.S. aeronautical history" neither the Fi-156 Storch
nor the Me-262 satisfied "the policy requirement of being a
historically significant aircraft." They say the Fi-156
Storch and Me-262 denial by the FAA was arbitrary and contrary to
FAA policy.

The foundation contends there is no requirement in the FAA's
policy 72 FR 57197 stating that the historical significance be "in
the context of U.S. aeronautical history". They say the
Storch and Me-262 aircraft are most definitely historically
significant, and feel they may be more so that many aircraft
already approved for flight exemptions.

Regarding the F-4 and the TA-4J, the FAA concludes: "While the
McDonnell Douglas F-4 Phantom and the McDonnell Douglas TA-4J may
meet the historically significant test, the FAA must consider that
permitting the public to experience flights in an aircraft that
while in U.S. military service required the installation of an
ejection seat raises a safety concern that has not been adequately
addressed. Until the petitioner provides sufficient information on
the means by which it ensures an equivalent level of safety, the
FAA will not grant an exemption authorizing operations with the
McDonnell Douglas F-4 Phantom and the McDonnell Douglas TA-4J.
Therefore, the petitioner's request to include the McDonnell
Douglas F-4 Phantom and the McDonnell Douglas TA-4J in this
exemption is denied."

The Collings Foundation says it already has an ejection seat
training program that was approved by the FAA. In actuality, they
say their ejection seat training program goes well beyond the
standard United States Air Force program. The foundation says it
ensures the total understanding, compliance and competency of the
ejection seat protocol and procedures.

Collings Foundation Storch

The foundation is currently unable to offer Flight Experiences
in the Me-262, F-4 Phantom, A-4 Skyhawk and Feisler Storch. Without
the ability to offer flight experiences in these aircraft, they say
they will not be able to cover the operational expenses, and, the
foundation says, denies "these unique aviation treasures and (the)
living history programs surrounding these aircraft ... to the
general public."